At the time of the Japanese capitulation the plans for the invasion of the Japanese homeland were in their final stages. Included in those plans were provisions for military government. It is obvious that this was necessary because an invasion destroys, impairs or sweeps before it organized government.

The plans for the occupation of Japan in the event of capitulations were based on the unconditional surrender provision included in the Potsdam Declaration.

The Allied note to the Swiss Government signed by Secretary of State James F. Byrnes on Aug. 11, 1945, contains the following:

"With regards to the Japanese Government message accepting the terms of the Potsdam Proclamation, but containing the statement, 'with the understanding that said declaration does not comprise any demand which prejudices the prerogatives of His Majesty as sovereign ruler,' our position is as follows: From the moment of surrender, the authority of the Emperor and of the Japanese Government to rule the state shall be subject to the Supreme Commander for the Allied Powers, who will take such steps as he deems proper to effectuate the surrender terms."

This note also includes the following:

"The ultimate form of government of Japan shall, in accordance with the Potsdam Declaration, be established by the freely established will of the Japanese people. The armed forces of the Allied Powers will remain in Japan until the purposes set forth in the Potsdam Declaration are achieved."

This note was acceptable to the Japanese Government, and since the date of surrender the authority of the Emperor and the Japanese Government to rule the State has been subject to the Supreme Commander for the Allied Powers. The Japanese Government is apparently making every effort to execute the instructions of the surrender document, of General Order No. 1 and of General Order No. 2. Therefore, at the present time, the Supreme Commander for the Allied Powers is controlling the Government of Japan along the following lines:

I

The instrument of surrender is being enforced.

II

(A) The Supreme Commander for the Allied Powers will issue all necessary instructions to the Japanese Emperor or to the Imperial Government, and every opportunity will be given the Government and the Japanese people to carry out such instructions without further compulsion. If necessary, however, the Supreme Commander for the Allied Powers will issue appropriate orders to the Army and corps commanders indicating the action to be taken by them to secure the obedience by the agencies of the Imperial Government or by the Japanese people within the areas of their commands. In other words, the occupation forces will act principally as an agency upon which the Supreme Commander for the Allied Powers may call, if necessary, to secure compliance with his instructions to the Japanese Imperial Government.

(B) The existing Japanese economy will be controlled only to the extent necessary to achieve the objectives of the United Nations.

(C) The civilian population will be treated by the occupying forces in such a way as to develop respect for and confidence in the United Nations and their representatives and encourage cooperation in the accomplishment of desired objectives. They will be required to obey all laws, proclamations, orders and regulations issued by the Japanese Imperial Government pursuant to the directives of the Supreme Commander for the Allied Powers. They will be completely free from all unwarranted interference with their individual liberty and property rights.

III

Among the post-war objectives of the United Nations are:

(A) Abolition of militarism and militant nationalism in Japan.

(B) The encouragement, subject to the necessity for maintaining military security, of liberal tendencies and processes such as the freedom of religion, press, speech and assembly.

(C) Creation of conditions that will insure that Japan will not again become a menace to the peace and security of the world, and that will permit the eventual emergence of a Government that will respect the rights of other nations and Japan's international obligations.